Since the legalization of cannabis throughout Canada on October 17, 2018. Many recreational users have been wondering are glass pipes illegal? This questions brings up many questions in the legality of buying, selling and possessing glass pipes in physical head shops and online smoke shop such as onlinesupplies.ca
In 1985, the federal government of Canada put in place Bill C-45: ‘’An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts’’ which makes it illegal to manufacture, promote, export or sell “instruments or literature for illicit drug use.” This law created many types of loopholes when it came to the instruments (accessories).
All smoke shops would sell their glass pipes as tobacco pipes or herb pipes. There is no legal way to determine if a brand new glass pipe is specifically made for cannabis or tobacco. This loophole allowed smoke shop owners to sell cannabis related instruments by indicating that they are made for tobacco or herbs only. It is impossible to determine the purpose of the pipe by just the look. It is impossible to determine for what herb a glass pipe is made for.
The possession of cannabis related instrument that have residue of cannabis is technically declared as drug paraphernalia but it is not a criminal offence to have possession. Police would often seize the used instruments but not press charge against the owner meaning that they would confiscate your glass pipe but not give any fines or penalties.
These types of situation are rare and even many police officers were not fully aware of the legal status of cannabis related paraphernalia and wouldn’t be able to answer ‘’ are glass pipes illegal? ’’
They’re is a major legal difference between cannabis related instruments that promoted the consumption and the production. Being caught with cannabis paraphernalia that promote the consumption have far less legal troubles than paraphernalia that promotes the production of cannabis. Production tools such as oil extractors are highly illegal if used to make cannabis concentrates.
On October 17, 2018, Bill C-45 what revised and changed to accommodate to the legalization of cannabis. Selling, buying and possessing of cannabis accessories is NOT illegal anymore. These following things are considered as cannabis accessories: rolling papers / wraps, pipes, water pipes, bongs and vaporizers.
Many marketing and branding restrictions laws were added to the bill to protect youths against the promotion of cannabis consumption. The packaging and the accessory itself cannot have any tips of cartoons or icons that would make it more appealing. Any misleading information about the product on the packaging is also considered illegal.
In conclusion, the Act of Cannabis makes it legal to buy and possess glass pipes as long as the product doesn’t promote the consumption to children and contains misleading information. We can now answer that hard and complicated question of ” are glass pipes illegal? ” with a big fat NO.